HASEENA BI Vs. STATE OF M P

JUDGEMENT

(1.) The unsuccessful defendant has filed this second appeal against the judgment and decree passed by learned trial Court decreeing the suit of plaintiff-respondent and the appeal which was filed by her has been dismissed by the impugned judgment and decree.

(2.) In brief the suit of plaintiff-State of Madhya Pradesh is that defendant-Smt. Haseena Bi has obtained an ex parte decree by playing fraud. According to the plaintiff, in between the night of 2nd and 3rd December, 1984 the gas disaster in Bhopal took place in which it is said that husband of defendant Razak Mohammad aged 58 years s/o Babu Khan and his three sons Ramjan Khan, Sharif and Karim succumbed to the poisonous gas which they inhaled and breathed their last. State-Government took a decision to pay Rs. 10,000/- to Haseena Bi who is the widow of Razak Mohammad. According to the plaintiff, an application for obtaining gratuitous compensation amount was submitted by defendant in respect to her three sons only and it was submitted in the application that her husband is missing and she never disclosed that her husband had died. For the first time on 17-6-1985 she submitted an application stating therein that her husband Razak Mohammad had also died as a victim of the gas disaster. On inquiry it was found by the State of Madhya Pradesh that her husband had not died on account of inhaling the gas and therefore, declined to pay the gratuitous amount of Rs. 10,000/- to her. Resultantly, a Civil Suit No. 18-A/1988 was filed by the defendant of this suit in the Court of Second Civil Judge, Class-I, Bhopal in which the ex parte decree was passed against the present plaintiff. Hence, the present suit has been filed to set aside the ex parte decree.

(3.) The defendant-appellant by filing written statement refuted the plaint averments and stated therein that indeed her husband Late Razak Mohammad had died as a victim of gas disaster only and thus it has been prayed that the suit be dismissed.